Key Source Admits Lying in HBO's ??Polanski' Documentary

LOS ANGELES, Sept. 30 -- A former prosecutor said Wednesday he lied when he told a documentary film crew that he had advised a judge in the Roman Polanski sex case to send the director to prison.

The prosecutor's statement to documentarians later became part of the basis for a move by Polanski's lawyers to dismiss the case against the fugitive director, who was arrested Saturday in Switzerland.

"They interviewed me in the Malibu courthouse when I was still a DA, and I embellished a story," David F. Wells said in an interview about his statements to the makers of the 2008 HBO film "Roman Polanski: Wanted and Desired."

"I'm a guy who cuts to the chase -- I lied. It embarrasses the hell out of me," he said.

Wells, 71, did not handle Polanski's case, but he was assigned to the courtroom where it was heard and had frequent interactions with the judge.

Wells said he was sorry about making the comments for the documentary.

"I cost the DA's office a lot of money and aggravation over this," said Wells, who retired as a prosecutor more than two years ago.

"I made that up to make the stuff look better," Wells said. His admission was first reported in a story by former O.J. Simpson prosecutor Marcia Clark on the Web site the Daily Beast.

Wells said he overstated his actions to the filmmakers because he was told the documentary would air in France, not the United States.

Polanski was accused of plying a 13-year-old girl with champagne and part of a quaalude during a modeling shoot and raping her in 1977. He initially was indicted on six felony counts, including rape by use of drugs, child molestation and sodomy.

The director pleaded guilty to the lesser charge of unlawful sexual intercourse; in exchange, the remaining charges were dropped, and the judge agreed to send Polanski to prison for a 90-day psychiatric evaluation. But Polanski was released after 42 days and fled the country on the eve of his Feb. 1, 1978, sentencing -- after the judge reportedly told lawyers he planned to add more prison time.

Polanski's attorneys later argued in a motion to dismiss the case that the communications between the judge and Wells were clear misconduct and violated Polanski's constitutional rights.